What is the difference between sealing and expungement in Pennsylvania?

Expungement removes the record. Sealing — limited access under §§ 9122.1 and 9122.2 — keeps the record but restricts public access; criminal justice agencies and the entities identified in §§ 9121 and 9122.5 can still see it.

What does § 9124 cover?

How licensing agencies use criminal history record information. Under § 9124(b)(2), they may not consider a conviction that has been expunged or made subject to limited access under §§ 9122.1 and 9122.2.

Can a licensing board use my sealed conviction?

No. 18 Pa.C.S. § 9124(b)(2) bars a licensing agency from considering it on a license application.

Expungements & Pardons · Sealing vs. Expungement: Definitions

Sealing vs. expungement: what each word means in Pennsylvania.

Expungement removes a record. Sealing — the statute calls it limited access — keeps the record but hides it from the public. 18 Pa.C.S. § 9122 governs expungement; 18 Pa.C.S. § 9124 governs what licensing agencies may consider, and § 9124(b)(2) bars them from considering a conviction that has been expunged or sealed under §§ 9122.1 and 9122.2. I handle both remedies across Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties.

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How the remedy works

Sealing vs. Expungement in Pennsylvania: Definitions and the § 9122 vs. § 9124 Difference.

Authority: 18 Pa.C.S. §§ 9122, 9124[1] [2]

Record relief, in context

§ 9122 decides whether a record is removed; § 9124(b)(2) bars licensing agencies from considering convictions expunged or sealed under §§ 9122.1 and 9122.2.

expungement & pardon lawyer · pardon vs. expungement · DUI expungement

Expungement is defined in the Criminal History Record Information Act, 18 Pa.C.S. § 9102. Section 9122 says when it is available: non-conviction data, unconditional pardons, underage drinking under § 9122(a)(3), acquittals under § 9122(a)(4), and the discretionary summary, age-70, and deceased-defendant expungements under § 9122(b).

Sealing is limited access. Section 9122.1 provides petition-based limited access; § 9122.2 provides Clean Slate automatic limited access by court order without a petition. A sealed record still exists and remains accessible to criminal justice agencies and the other entities identified in §§ 9121 and 9122.5.

Section 9124 is not a relief statute — it governs how licensing agencies use criminal history record information. Under § 9124(b)(2), a licensing agency may not consider a conviction that has been expunged or made subject to limited access under §§ 9122.1 and 9122.2. Section 9122 decides whether the record is removed; § 9124 decides what a licensing board may do with it either way.

Eligibility at a glance

What qualifies — and what does not.

Sealing vs. Expungement in Pennsylvania: Definitions and the § 9122 vs. § 9124 Difference: eligibility categories under 18 Pa.C.S. §§ 9122, 9124
Situation	What the law allows	Condition
Expungement — § 9122	Record is removed	Available for non-conviction data, unconditional pardons, underage drinking under § 9122(a)(3), acquittals under § 9122(a)(4), and the § 9122(b) categories.
Petition sealing — § 9122.1	Record kept, public access limited	By petition: M1 after seven years; listed F3 and ungraded felonies after ten years under § 9122.1(a.1).
Automatic sealing — § 9122.2	Record kept, public access limited	By court order without a petition, after the Act 36 of 2023 waiting periods.
Licensing agencies — § 9124(b)(2)	May not consider expunged or sealed convictions	Applies to convictions expunged or made subject to limited access under §§ 9122.1 and 9122.2.

Eligibility categories are statutory, but how a specific docket is graded and disposed controls which category applies. Nothing here is a prediction about a particular record.

The process

Step by step.

Step 1
Ask whether the case ended in a conviction
Non-conviction outcomes generally point to expungement under § 9122; convictions generally point to sealing under § 9122.1 or § 9122.2.
Step 2
Check for automatic sealing
Eligible convictions seal under § 9122.2 without a petition.
Step 3
Choose the stronger remedy that applies
Where expungement is available, it removes the record rather than limiting access to it.
Step 4
Know what remains visible
A sealed record remains accessible to criminal justice agencies and the entities identified in §§ 9121 and 9122.5.

Jurisdiction & venue

Where the petition is filed.

Central Pennsylvania counties

The definitions and the § 9124(b)(2) rule are statewide; the county clerk of courts processes petitions under §§ 9122 and 9122.1.

Where these petitions are won or lost.

Don't call sealing 'expungement'
A sealed record still exists. The difference matters when you answer questions about it and when an agency entitled to see it does.
Use § 9124(b)(2) on license applications
A licensing board may not consider a conviction that has been expunged or sealed under §§ 9122.1 and 9122.2.
Respond as if it didn't occur — within the statute
Section 9122.5(a)(1) allows a person to respond as if the offense did not occur, subject to the statute's exceptions.

Where we file

Record relief across Central Pennsylvania.

Other record-relief guides.

FAQ

Frequently asked questions.

Common questions about sealing vs. expungement: definitions in Pennsylvania — eligibility, procedure, and what the order actually changes.

Expungement removes the record. Sealing — limited access under §§ 9122.1 and 9122.2 — keeps the record but restricts public access; criminal justice agencies and the entities identified in §§ 9121 and 9122.5 can still see it.
Expungement: non-conviction data, unconditional pardons, underage drinking under § 9122(a)(3), acquittals under § 9122(a)(4), and the discretionary summary, age-70 and deceased-defendant categories in § 9122(b).
How licensing agencies use criminal history record information. Under § 9124(b)(2), they may not consider a conviction that has been expunged or made subject to limited access under §§ 9122.1 and 9122.2.
No. 18 Pa.C.S. § 9124(b)(2) bars a licensing agency from considering it on a license application.

[1]18 Pa.C.S. § 9102 — Criminal History Record Information Act definitions — including 'expunge' and 'criminal history record information'.
[2]18 Pa.C.S. § 9122 — Expungement of criminal history record information — § 9122(a) covers non-conviction data, unconditional pardons under (a)(2.1), underage drinking under (a)(3), and acquittals under (a)(4); § 9122(b) covers discretionary summary, age-70 and deceased-defendant expungement.
[3]18 Pa.C.S. § 9122.1 — Petition-based limited access (sealing). Act 36 of 2023 reduced the misdemeanor waiting period to 7 years and added § 9122.1(a.1), which allows petition sealing of F3 and ungraded felonies — criminal mischief, criminal trespass, Chapter 39 theft, Chapter 41 forgery and fraud, welfare fraud, and drug qualifying offenses — after 10 years. Felonies of the first and second degree are excluded.
[4]18 Pa.C.S. § 9122.2 — Clean Slate automated limited access — sealing by court order without a petition. Act 36 of 2023 set the periods at 5 years for summary convictions, 7 years for M2/M3 and misdemeanors punishable by no more than 2 years, and 10 years for qualifying drug felonies under § 9122.2(a)(1.1). Conditioned on payment of court-ordered restitution only — unpaid fines and costs do not block sealing.
[5]18 Pa.C.S. § 9122.5 — Effect of expunged and limited-access records — § 9122.5(a)(1) allows a person to respond as if the offense did not occur; § 9122.5(a.1) bars use for employment, housing or school matriculation except where federal law requires; § 9122.5(c) preserves disclosure to courts for sentencing.
[6]18 Pa.C.S. § 9124 — Use of criminal history record information by licensing agencies — § 9124(b)(2) bars consideration of convictions that have been expunged or made subject to limited access under §§ 9122.1 and 9122.2.
[7]18 Pa.C.S. § 9121 — General regulations on dissemination of criminal history record information, including what remains available after sealing.
[8]Act 36 of 2023 — Clean Slate 3.0 — P.L. 334, No. 36 (HB 689), signed December 14, 2023. Petition-sealing and definitional changes effective February 12, 2024; automatic sealing and automatic post-pardon expungement effective June 11, 2024.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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